beta
(영문) 대전지방법원 서산지원 2013.11.21 2013고단341

교통사고처리특례법위반

Text

Defendant shall be punished by imprisonment without prison labor for ten months.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a CP sports car.

On December 16, 2012, the Defendant driven the above vehicle on December 16, 2012, and led the Defendant to proceed to to Sildol-Tol in the direction of Seog City along the two-lanes of the Korea National Road No. 32 prior to the Yongsan-si, Chungcheongnam-si.

At this point, since the passage of vehicles and pedestrians is near the intersection where the passage of vehicles and pedestrians is frequent, there was a duty of care to drive safely by thoroughly operating the steering system and brake system of the vehicle in the front direction.

Nevertheless, the defendant neglected this and got a victim D (14 years old) who crosses the right from the left side of the proceeding direction to the right as the front part of the above vehicle of the suspect.

As a result, the Defendant caused the death of the victim during the treatment at the Siljin General Hospital located in Chungcheongnam-dong, Chungcheongnam-si, Chungcheongnam-do, on December 16, 2012, around 01:00.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident occurrence report;

1. A written result of autopsy;

1. Each photograph;

1. Application of Acts and subordinate statutes on comprehensive traffic accident analysis replies;

1. As to the facts constituting an offense, Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, Article 268 of the Criminal Act, and Article 268 of the Criminal Act, the Defendant’s reason for sentencing a sentence of imprisonment without prison labor is acknowledged as the primary offender, and the Defendant has subscribed to a comprehensive insurance, and has made efforts to compensate for damage, such as deposit of KRW 20 million with

However, the victim's death caused by the accident of this case has a big impact on the bereaved family, and the defendant has not yet received a letter of compensation from the bereaved family and the above deposit can not be seen as fully compensating for damage.

Therefore, the defendant is sentenced to punishment, but the court's custody is not required to give the opportunity to agree in the appellate court.